Table of Contents
- How Does New York’s Weekly Pay Law Work?
- What Are the Recent Changes to New York’s Weekly Pay Law?
- How Are Manual Workers Affected By the Change to New York’s Weekly Pay Law?
- What Is the Statute of Limitations for Weekly Pay Violations in New York?
- How Can Affected Workers Recover Compensation?
- Contact Joseph & Norinsberg For Your Employment Law Cases
How Does New York’s Weekly Pay Law Work?
New York Section 191, or the NYS weekly pay law, requires employers to pay “manual workers” weekly and within a week of earning wages. The law defines manual workers as mechanics or other blue-collar employees. Meanwhile, clerical and other workers must be paid at least twice a month on regular pay days designated in advance by the employer.
An employer violates the NYS weekly pay law by setting a pay period that pays its workers too infrequently or waiting more than the required pay period to pay out earned wages. If your employer is violating that law by paying you late or too infrequently, a New York employment lawyer with Joseph & Norinsberg can help you understand your legal options.
Are There Exceptions to New York’s Weekly Pay Law?
The NYS weekly pay law has many exceptions, where the mandated pay period does not apply or is more flexible, including the following:
- Nonprofit workers: Manual workers employed by a “non-profitmaking organization” do not have to be paid weekly, but must still be paid at least twice a month.
- Government employees: The law excludes government agencies from its definition of “employer,” exempting them from the weekly pay requirement.
- Large employers: Companies that employ 1,000 or more New Yorkers and meet recordkeeping, financial responsibility, and workers’ compensation requirements can ask the state’s Commissioner of Labor for an exception to pay manual workers on a different schedule.
- Railroad workers: Railroad laborers are still paid weekly, but on a much more specific schedule: On or before each Thursday for wages earned each Tuesday-to-Tuesday period.
- Commissioned salespeople: Sales workers paid on commission must be paid at least once a month and by the end of the next month for wages earned, though some “additional compensation” can be paid more infrequently under a written employment agreement.
- Clerical and other workers: All other workers must be paid at least twice a month unless they are an “executive, administrative, or professional” employee making more than $1,300 a week.
What Are the Recent Changes to New York’s Weekly Pay Law?
How Does This Affect Weekly Pay Violations?
Manual workers can still sue their employers for NYS weekly pay law violations, but their damages are now capped at 100% of the interest they’ve lost due to delayed payment. The changes are retroactive, so they affect current and future claims.
However, the law still allows workers to recover 100% of their delayed wages if their employer is found to have violated the NYS weekly pay law at least once for the same type of work after the new changes became effective.
How Are Manual Workers Affected By the Change to New York’s Weekly Pay Law?
The new changes might make challenging NYS weekly pay law violations somewhat harder. In addition, lost interest is worth significantly less than the full amount of affected wages, making many previously viable claims not worth pursuing.
As penalties are now much more lenient for first-time offenders, some companies may use semi-monthly paydays in violation of the law until they face at least one action. Unless the state steps in and penalizes the company, some manual laborers may have to endure late pay until their interest owed is enough to pursue a viable claim. However, after that, the fear of paying 100% of affected wages should heavily disincentivize employers from repeated violations.
What Is the Statute of Limitations for Weekly Pay Violations in New York?
The New York statute of limitations for wage claims is six years after the violation. This allows workers a significant amount of time to pursue compensation from their employer, but the best time to take legal action is always as soon as possible. Contact our experienced New York employment lawyers today for a free consultation.
How Can Affected Workers Recover Compensation?
For first-time offenses, manual workers can pursue interest on all late wages, calculated daily at a 16% annual rate set by New York law. If you were paid $500 seven days late for every bi-weekly $1,000 paycheck in a 40-week year, you’d only be entitled to about $1.54 a paycheck, or about $30 a year.
You can also recover attorneys’ fees for the first offense, but that might not be enough to make an interest-only claim worth it. Your best option might be to file a complaint with the New York Department of Labor, which can investigate your employer and order it to pay any owed interest if it finds any violations.
However, once your employer has an official violation on the books, you can recover damages up to roughly half your total wages if it continues to violate the NYS weekly pay law.
Contact Joseph & Norinsberg For Your Employment Law Cases
Is your employer violating New York’s weekly pay law even after the recent changes? The trusted wage and hour lawyers with Joseph & Norinsberg can help you build a strong case, hold your employer accountable for violating workers’ rights, and pursue the maximum compensation owed.
Contact us online or call 212-227-5700 today for a free consultation.
